1998 (11) TMI 242

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....river in south Goa by the Customs Department in May, 1991. At about the same time the department found that a van carrying 96 silver ingots had been captured by the villagers of Savoi Verem in Ponda district, Goa. Some more silver ingots were also recovered in and around the village. The department's investigation led to conclude that this silver had been smuggled into India on Jal Pari, and landed somewhere near Marcel and that Jal Pari was sank and was abandoned. The department found Syed Nawaz to be the principal perpetrator of the offence and that the transport of the goods from the landing place to the ultimate destination has been arranged by Yusuf. It found that Issaq Kassam, who had hired the truck had used the craft to bring the si....

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....d the fact that enquiries by the appellant, even prior to the landing showed that Issaq Kassam, who had not paid rent of the craft for few months and was missing at Okha and the appellant was told that he had gone to United Arab Emirates. All these taken together, according to him, are sufficient to establish that this was the craft that was used to carry the silver. 4.  Muthu Srinivasan and Bommuswamy who were in the van, when it was intercepted, had not said that Jal Pari was used to carry the goods. Muthu Srinivasan says that the van was to carry the goods from "some isolated area" where it was taken under Syed Nawaz's order. Bommuswamy, who was the cleaner, also does not say anything about the spot of the vessel from which the g....